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(영문) 대구지방법원포항지원 2019.07.11 2018가단103165
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On April 13, 2017, the Plaintiff, under Defendant C’s joint and several sureties, lent KRW 145 million to Defendant B as interest rate 2% and due date on June 12, 2017, and paid all the said money to Defendant C Company through D.

The Plaintiff, through D, was paid the total of KRW 88 million from the Defendants, KRW 15 million on July 21, 2017, ② KRW 70 million on August 31, 2017, ③ KRW 30 million on November 30, 2017.

[Ground] Facts without dispute, Gap evidence 1 (including a provisional number; hereinafter the same shall apply), Eul evidence 12, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff, as the cause of the claim, sought payment of interest and damages for delay calculated by the rate of 25% per annum, which is the highest interest rate prescribed by the Interest Limitation Act, within the limit of the agreement, from December 1, 2017 to the date of full payment, from the date following the date of receiving the last interest on the balance of the loan to the Defendants.

B. The Defendants asserted that they fully repaid the principal and interest of the loan by paying the Plaintiff’s agent D a sum of KRW 30 million on July 21, 2017, KRW 10 million on July 28, 2017, KRW 20 million on July 28, 2017, KRW 30 million on August 18, 2017, KRW 70 million on August 31, 2017, KRW 50 million on September 29, 2017, KRW 63 million on November 30, 2017, KRW 50 million on September 29, 2017, KRW 63 million on loan.

3. Since there is no dispute over the fact that a sum of KRW 163 million was remitted from the Defendant Company’s account to D on the same date as the Defendants’ defenses, the issue is whether D has the authority to receive the said money from the Defendants on behalf of the Plaintiff as the payment amount.

In full view of the following circumstances in accordance with the facts without dispute, Gap evidence 159, Eul evidence 12, and the purport of the whole pleadings, D has the authority to conclude a monetary loan contract with the defendants as the representative of the plaintiff and transfer the money to the defendants, as well as to receive the payment.

Therefore, the defendants' reimbursement.

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